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Employer demanding to be reimbursed PTO

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mdubs9

Junior Member
What is the name of your state (only U.S. law)? PA

I started with my employer on November 4th, 2014. In my offer letter signed by my boss, in regards to vacation it states:
"You will be entitled to 2 weeks of vacation annually. For the first year, you will be eligible for 5 days after 90 of employment and an additional 5 days after 6 months of employment"

I was sick in January and had to take 1 day, as well as a day at the end of March. Additionally, I took 8 days off for my wedding May 7th - 18th. I resigned from my position on May 29th because my boss changed the employment agreement and terms of my job to something that I did not agree with.

He is now demanding to be paid back for 5 vacation days and the 2 days I took off in Jan and March when I was sick. Besides that 1 day in January, all of the time off I took was in accordance with the 90 day / 6 month eligibility. Does he have a right to ask to be paid back for any of this time off?

Additionally, for the first 6 months I had a $500 draw against commission on top of my salary. On May 26th, I had a meeting with my boss and he told me that the commission was $1,400 in the hole. He said that if I signed this new agreement he would forgive the $1,400. I agreed and he sent me an email saying the $1,400 was wiped clean. After reading and thinking over this new agreement, I realized it was not beneficial for me and I decided to resign on May 29th.

When I talked to my boss on the phone after resigning, he said "I know I forgave the $1400 and that's fine" -- well now he's demanding that back as well. Since I have an email from him on May 26th saying that money is "forgiven" can he demand to be reimbursed for this?
 


cbg

I'm a Northern Girl
So you worked for him for a total of seven months and then quit, having already taken ten days off? I can see why he's annoyed.

But no, you do not owe him any PTO back, not under the terms you outlined. Tell him to pound sand. Or better yet, ignore him.

Just out of curiosity (it won't affect the answer) in what way did he change the job that you quit over it?
 

mdubs9

Junior Member
So you worked for him for a total of seven months and then quit, having already taken ten days off? I can see why he's annoyed.

But no, you do not owe him any PTO back, not under the terms you outlined. Tell him to pound sand. Or better yet, ignore him.

Just out of curiosity (it won't affect the answer) in what way did he change the job that you quit over it?

Yes, I understand why he would be annoyed also -- it's unfortunate and not something I wanted or anticipated. He did know about the time off I needed for my wedding before I was even offered the job, though.
It's a VERY small company (6 people including me and my boss (the owner) - the training was not at all what I was told before starting and he was extremely condescending almost the entire time I worked there, sending me nasty emails on Saturday mornings, while I was on my honeymoon, etc. He would yell at me for not replying back to emails fast enough on the weekends but I would email him a question during the week, get a read receipt and no response. I just couldn't take it anymore.
It is a Recruiting firm and the original agreement was that I was to learn under him, and we would be generating revenue together. Last week, before I quit, he changed the agreement to me still finding candidates for his clients, but I would only get credit for candidates that I found and were successfully placed. The problem with that is since my job was to ONLY identify/screen the candidates, I had NO control over what happened from there, only he did. So....if I found candidate X for ABC company and he found candidate Y for ABC company, obviously he is going to push candidate Y harder because the new agreement says if candidate Y gets hired, he doesn't have to pay me commission.
It was my understanding before I started that I would play a role and learn/train throughout the entire process with EVERY candidate whether it was someone that he or I found - he was changing that (and I never actually got that training anyway)
 

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